312Interpretation

1. In this subpart and subparts 2 and 4, unless the context otherwise requires,—

   bill of lading—

   1. does not include a document that is incapable of transfer either by endorsement or, as a bearer bill, by delivery without endorsement; but
   2. subject to paragraph (a), includes a received for shipment bill of lading

   sea waybill means a document (other than a bill of lading) that—

   1. is a receipt for goods that contains or evidences a contract for the carriage of goods by sea; and
   2. identifies the person to whom the carrier will deliver the goods in accordance with that contract (see subsection (3)(b))

   ship’s delivery order means a document (other than a bill of lading or a sea waybill) that contains an undertaking that—

   1. is given under or for the purposes of a contract for the carriage by sea of the goods to which the document relates, or of goods that include those goods; and
   2. is an undertaking given by the carrier to a person who is identified in the document to deliver the goods to which the document relates to that person.

2. In this subpart, unless the context otherwise requires,—

   contract of carriage means,—

   1. in relation to a bill of lading or sea waybill, the contract contained in or evidenced by the bill or waybill; and
   2. in relation to a ship’s delivery order, the contract under which or for the purposes of which the undertaking contained in the order is given

   goods includes all kinds of movable personal property, including animals

   holder, in relation to a bill of lading, means any of the following persons:

   1. a person who possesses the bill and who, by virtue of being the person identified in the bill, is the consignee of the goods to which the bill relates:
   2. a person who possesses the bill as a result of the completion (by delivery of the bill) of an endorsement of the bill or, in the case of a bearer bill, as a result of any other transfer of the bill:
   3. a person who possesses the bill as a result of a transaction under which the person would have become a holder under paragraph (a) or (b) had the transaction not been effected at a time when possession of the bill no longer gave a right (as against the carrier) to possession of the goods to which the bill relates

   information technology includes any computer or other technology by means of which information or other matter may be recorded in electronic form or communicated by means of an electronic communication (where electronic and electronic communication have the same meanings as in section 209)

   network has the same meaning as in section 3 of the Telecommunications (Interception Capability and Security) Act 2013

   received for shipment bill of lading has the meaning set out in section 324.

3. For the purposes of this subpart,—

4. a person must be regarded as having become the lawful holder of a bill of lading if the person has become the holder of the bill in good faith:
5. references to a person being identified in a document include references to that person being identified by a description that allows for the identity of the person to be varied, in accordance with the terms of the document, after its issue.

Compare

• ss 13(1)–(3), 13A(2)–(4)

Notes

• Section 312(2) network: replaced, on 13 November 2018, by section 40 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).